The good news is that we are close to the end. We are at Day 2 of the President’s defense. As to the case: an excellent day – but with mild criticisms. Alan Dershowitz was a total blow out for the constitutionality issues (and was even able to keep it interesting to an average person). Thus, he should have been left with that chore.
The other constitutional analysis was not really needed. Especially on a charge that is not taken that seriously anyways – the ‘obstruction of congress’ thing. Respectfully, it was a little bit of a snoozer for the average person and risked getting repetitive.
Plus, one final critique: the one process matter that is still uncovered – even by Dershowitz – is a necessary pushback. Specifically, the contemptuous ridiculing about “process, smocess” by left wingers when Trump claimed it was an unfair one. There is little defense, on process issues, for the Pelosi Democrats in the House.
But this is where we are on very dangerous ground. The Trump haters have not even felt the need to defend it. They seem to honestly think you can do a: “Oh process, smocess. They are just saying that because they are losing on the ‘facts'”.
However, the problem, and an obvious one, is this: there is no way to get to all of the facts – if you skip 3/4 of the process. Say they skip over your fifth amendment right to call your own witnesses – and Pelosi did violate that constitutional right without even batting an eyelash. Then how do you present your facts in the first place?
You shouldn’t need a double law degree to know that the two things are one and the same (following a process and securing all relevant facts). In some ways, this type of a discussion may be one of the greatest damages to our constitutional processes. And it certainly lacks intellectual prowess (which one of the two blades on a pair of sheers is the most important???)
You can’t do a dichotomy between following processes vs. having facts – because that is the entire purpose of the process issues in the first place. Thus, the worst offenders in this matter may not even be the Pelosi type of a Democrat. But, instead, the dismissive left wingers in the media world that peddled this whole notion: that there even is such a thing as a “process, smocess” vs. ‘facts. There is no such a dichotomy and this obnoxious and arrogant concept has not been pushed back against yet.
Thus, I will finish with my mild criticism for the day: Even Dershowitz has not keyed in yet on the necessity of this push back. Thus, I wish the other constitutional analyzers had just done a quick blurb about the need to push back on the “process, smocess”ers. The rest should have been left to Dershowitz because of the danger of getting redundant (and of being somewhat of a snooze fest).